Smoking (Prohibition in Enclosed Public Places) Amendment Regulation 2010 (No 1) (ACT)

Smoking (Prohibition in Enclosed Public Places) Amendment Regulation 2010 (No 1)

Subordinate Law SL2010-44

The Australian Capital Territory Executive makes the following regulation under the Smoking (Prohibition in Enclosed Public Places) Act 2003.

Dated 3 November 2010.

Katy Gallagher

Minister

Simon Corbell

Minister

Smoking (Prohibition in Enclosed Public Places) Amendment Regulation 2010 (No 1)

Subordinate Law SL2010-44

made under the

Smoking (Prohibition in Enclosed Public Places) Act 2003

Contents

Page

1. Name of regulation  1

2. Commencement  1

3. Legislation amended  1

4. Section 1  1

5. New part 3  2

6. Section 13 (1)  3

7. Dictionary, notes 2 and 3  3

1. Name of regulation

   This regulation is the Smoking (Prohibition in Enclosed Public Places) Amendment Regulation 2010 (No 1).

2. Commencement

   (1)This regulation (other than section 6) commences on the commencement of the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009, section 3.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   (2)Section 6 commences on 9 December 2011.

3. Legislation amended

   This regulation amends the Smoking (Prohibition in Enclosed Public Places) Regulation 2005.

4. Section 1

   substitute

5. Name of regulation

   This regulation is the Smoke-Free Public Places Regulation 2005.

6. New part 3

   insert

Part 3Outdoor eating or drinking places

1. Height of screen or wall buffer for designated outdoor smoking area—Act, s 9F (6) (a)

   (1)The prescribed height is 1.8m above the highest point of the floor of the designated outdoor smoking area.

   (2)However, if at any point of the buffer it is not possible to comply with subsection (1) because of an overhead cover, the prescribed height at that point is the height of the overhead cover.

   Note 1The presence of a screen or wall buffer may make an area an enclosed public place—see pt 2 (Enclosed public places).

   Note 2Other legislation may apply in relation to a proposed structure:

   ·     the structure may require building approval—see the Building Act 2004, div 3.3;

   ·     use of the structure may require development approval—see the Planning and Development Act 2007, s 134;

   ·     if the structure causes premises to not comply with certain requirements, the commissioner must decide that the premises are not suitable premises for a licence or permit—see the Liquor Act 2010, s 77.

2. Requirements for smoking management plan—Act, s 9J (2) (e)

   The licensed premises plan under the Liquor Regulation 2010, section 6 is prescribed.

3. Section 13 (1)

   omit

   1.8m

   substitute

   2.1m

4. Dictionary, notes 2 and 3

   substitute

   Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

   ·     Act

   ·     for.

   Note 3Terms used in this regulation have the same meaning that they have in the Smoke-Free Public Places Act 2003 (see Legislation Act, s 148). For example, the following terms are defined in the Smoke-Free Public Places Act 2003, dict:

   ·     designated outdoor smoking area (see s 9F (2))

   ·     public place.

Endnotes

1. Notification

   Notified under the Legislation Act on 10 November 2010.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2010